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Your search for: “deed of trust” returned 131 results
- Adopted: April 25, 2025Opinion sets out the requirements of the notice that must be sent to affected clients when a lawyer leaves a law firm.
- Adopted: November 01, 2024Opinion discusses a lawyer’s professional responsibility when using artificial intelligence in a law practice.
- Adopted: October 27, 2023Opinion rules that a lawyer may provide services to multiple clients simultaneously and explores various billing structures for overlapping services.
- Adopted: April 21, 2023Opinion clarifies a lawyer’s professional responsibility when closing and/or selling a law practice and when handling aged client files.
- Adopted: July 16, 2021Opinion discusses a lawyer’s professional responsibility to safeguard entrusted funds by identifying and avoiding purported transactions involving ...
- Adopted: April 16, 2021Opinion addresses conflicts of interest, communication, funding issues, and accountings in contemporaneous closings for residential real property.
- Adopted: January 15, 2021Opinion rules that a lawyer may not advance a client’s portion of settlement proceeds while a matter is pending or litigation is contemplated but m...
- Adopted: January 15, 2021Opinion discusses a lawyer’s professional responsibility to inform clients about relevant, potential fraudulent attempts to improperly acquire clie...
- Adopted: October 25, 2019Opinion rules that a lawyer may receive virtual currency as a flat fee for legal services, provided the fee is not clearly excessive and the terms ...
- Adopted: October 27, 2017Opinion rules that a lawyer representing an estate must maintain the checking account for the estate in accordance with Rule 1.15 consistent with t...
- Adopted: October 27, 2017Opinion rules that an agreement between law firms engaged in merger negotiations not to solicit or hire lawyers from the other firm for a relativel...
- Adopted: July 28, 2017Opinion rules that a lawyer is prohibited from disbursing settlement funds pursuant to the client’s directive if the funds are subject to a perfect...
- Adopted: October 23, 2015Opinion rules that when funds are stolen from a lawyer’s trust account by a third party who is not employed or supervised by the lawyer, and the la...
- Adopted: July 18, 2015Opinion rules that a closing lawyer shall not record and disburse when a seller has delivered the deed to the lawyer but the buyer instructs the la...
- Adopted: April 17, 2015Opinion rules that when the original debt is $100,000 or more, a lawyer for a lender may prepare and provide to an unrepresented borrower, owner, o...
- Adopted: January 23, 2015Opinion rules that common representation in a commercial real estate loan closing is, in most instances, a “nonconsentable” conflict meaning that a...
- Adopted: July 25, 2014Opinion analyzes the responsibilities of the partners and supervisory lawyers in a firm when another firm lawyer has a mental impairment.
- Adopted: April 25, 2014Opinion rules that a lawyer may not represent both the trustee and the secured creditor in a contested foreclosure proceeding.
- Adopted: January 24, 2014Opinion rules that a lawyer may disburse immediately against funds that are credited to the lawyer’s trust account by automated clearinghouse (ACH)...
- Adopted: October 25, 2013Opinion provides guidance to lawyers who work for a public interest law organization that provides legal and non-legal services to its clientele an...
- 2013 Formal Ethics Opinion 1 - Release/Dismissal Agreement Offered by Prosecutor to Convicted PersonAdopted: October 15, 2013Opinion rules that, subject to conditions, a prosecutor may enter into an agreement to consent to vacating a conviction upon the convicted person’s...
- Adopted: July 19, 2013Opinion rules that a lawyer/trustee must explain his role in a foreclosure proceeding to any unrepresented party that is an unsophisticated consume...
- Adopted: July 19, 2013Opinion examines the ethical duties of a lawyer representing both the buyer and the seller on the purchase of a foreclosure property and the lawyer...
- Adopted: July 19, 2013Opinion rules that the partners and managerial lawyers remaining in a firm are responsible for the safekeeping and proper disposition of both the a...
- Adopted: April 19, 2013Opinion examines a lawyer’s responsibilities when charging and collecting from a client for the expenses of representation.
- Adopted: January 25, 2013Opinion rules that an agreement for a departing lawyer to pay his former firm a percentage of any legal fee subsequently recovered from the continu...
- Adopted: January 25, 2013Opinion holds that a lawyer asked to represent a child in a contested custody or visitation case should decline the appointment unless the order of...
- Adopted: January 25, 2013Opinion rules a lawyer may not participate as a network lawyer for a company providing litigation or administrative support services for clients wi...
- Adopted: October 26, 2012Opinion rules that a lawyer representing an employer must evaluate whether email messages an employee sent to and received from the employee’s lawy...
- Adopted: January 27, 2012Opinion rules that a law firm may use online banking to manage its trust accounts provided the firm’s managing lawyers are regularly educated on th...
- Adopted: January 27, 2012Opinion rules that a lawyer may contract with a vendor of software as a service provided the lawyer uses reasonable care to safeguard confidential ...
- Adopted: October 21, 2011Editor's note: This opinion is not intended to imply that a lawyer for an estate is required to petition the clerk for approval of the lawyer’s fee...
- Adopted: October 21, 2011Opinion rules that a lawyer may advertise on a website that offers daily discounts to consumers where the website company’s compensation is a perce...
- Adopted: July 15, 2011Opinion rules that a lawyer may not represent the beneficiary of the deed of trust in a contested foreclosure if the lawyer’s spouse and paralegal ...
- Adopted: April 22, 2011Opinion sets forth the factors to be taken into consideration when determining whether a former client’s delay in objecting to a conflict constitut...
- Adopted: January 21, 2011Opinion provides guidelines for a lawyer for a party to a partition proceeding and rules that the lawyer may subsequently serve as a commissioner f...
- Adopted: October 29, 2010Opinion provides guidelines for participation in a barter exchange.
- Adopted: July 23, 2010Opinion rules that a lawyer may undertake the representation of a debtor in a Chapter 13 bankruptcy, although the lender is lawyer's current client...
- Adopted: April 16, 2010Opinion rules that a lawyer retained by an insurance carrier to represent an insured whose whereabouts are unknown and with whom the lawyer has no ...
- Adopted: January 15, 2010Opinion rules that a lawyer may serve as the trustee in a foreclosure proceeding while simultaneously representing the beneficiary of the deed of t...
- Adopted: July 24, 2009Opinion rules that, unless affected clients expressly consent to the disclosure of their confidential information, a lawyer may allow a title insur...
- Adopted: April 24, 2009Opinion rules that a lawyer may not initiate foreclosure on a deed of trust on a client's property while still representing the client.
- Adopted: April 24, 2009Opinion rules a closing lawyer who reasonably believes that a title company engaged in the unauthorized practice of law when preparing a deed must ...
- Adopted: April 24, 2009Opinion rules that a law firm may establish a credit card account that avoids commingling by depositing unearned fees into the law firm's trust acc...
- Adopted: January 23, 2009Opinion rules that a lawyer who represented the trustee or served as the trustee in a foreclosure proceeding at which the lender acquired the subje...
- Adopted: October 24, 2008Opinion surveys prior ethics opinions on legal fees, sets forth the ethical requirements for the different types of fees paid in advance, authorize...
- Adopted: July 13, 2007Opinion rules that a lawyer is not required to withdraw from representing one client if the other client revokes consent without good reason and an...
- Adopted: January 19, 2007Opinion rules that under certain circumstances a lawyer may consider a dispute with a client over legal fees resolved and transfer funds from the t...
- Adopted: January 19, 2007Opinion rules that a lawyer may charge a reasonable dormancy fee against unclaimed funds if the client agrees in advance and the fee meets other st...
- Adopted: July 21, 2006Opinion rules thata lawyer may disburse against deposited items in reliance upon a bank's fundingschedule under certain circumstances.
- Adopted: July 21, 2006Opinion rules that, outside of the commercial or business context, a lawyer may not, at the request of a third party, prepare documents, such as a ...
- Adopted: July 21, 2006Opinion rules that a lawyer may not participate in a prepaid legal services plan unless all the conditions for participation are met and participat...
- Adopted: April 21, 2006Opinion rules that a lawyer may only refer a client to a financing company if certain conditions are met.
- Adopted: April 21, 2006Opinion rules that absent consent to disclose from the parent, a lawyer may not reveal confidences received from a parent seeking representation of...
- Adopted: January 20, 2006Opinion rules that a minimum fee that will be billed against at an hourly rate and is collected at the beginning of representation belongs to the c...
- Adopted: January 20, 2006Opinion examines the requirements for an interim account used to pay the costs for real estate closings and also rules that the actual costs may be...
- Adopted: January 20, 2006Opinion explores a lawyer's obligation to return legal fees when a third party is the payor.
- Adopted: July 14, 2005Opinion rules that the lawyer for the buyer of residential real estate may prepare the deed without creating a client-lawyer relationship with the ...
- Adopted: April 23, 2004Opinion rules that a lawyer may represent both the lender and the trustee on a deed of trust in a dispute with the borrower if the conditions on co...
- Adopted: April 23, 2004Opinion rules that a lawyer must deal honestly with the members of her former firm when dividing a legal fee.
- Adopted: January 24, 2003Revised January 26, 2012 The North Carolina State Bar has been requested to interpret the North Carolina unauthorized practice of law statutes (N....
- Adopted: July 19, 2002Opinion rules that a lawyer for an estate may seek removal of the personal representative if the personal representative's breach of fiduciary duti...
- Adopted: January 18, 2002Opinion rules that retaining a CD-ROM with digital images of trust account checks that is provided by the depository bank satisfies record-keeping ...
- Adopted: January 18, 2002Opinion rules that when a client authorizes a lawyer to assure a medical provider that it will be paid upon the settlement of a personal injury cla...
- Adopted: October 19, 2001Opinion rules that a closing lawyer may not counsel or assist a client to affix excess excise tax stamps on an instrument for registration with the...
- Adopted: April 27, 2001Opinion rules that a lawyer may settle a tort claim by making disbursements from a trust account in reliance upon the deposit of funds provisionall...
- Adopted: January 18, 2001Opinion rules that a lawyer acting as a notary must follow the law when acknowledging a signature on a document.
- Adopted: January 18, 2001Opinion rules that a lawyer may sign a statement acknowledging a finance company's interest in a client's recovery subject to certain conditions.
- Adopted: January 18, 2001Opinion explores the situations in which a lawyer who is also a CPA may provide legal services and accounting services from the same office.
- Adopted: July 21, 2000Opinion rules that a lawyer may not tell a client that any fee paid prior to the rendition of legal services is "nonrefundable" although, by agreem...
- Adopted: October 22, 1999Opinion rules that a lawyer who represents the buyer in a real estate closing, and subsequently records the deed, may not withhold the funds for th...
- Adopted: July 23, 1999Opinion rules that whether the lawyer for a residential real estate closing must obtain the cancellation of record of a prior deed of trust depends...
- Adopted: January 15, 1999Opinion rules that whether the year 2000 computer problem is being adequately addressed by a depository bank should be considered when selecting a ...
- Adopted: January 15, 1999Opinion rules that a lawyer may participate in the solicitation of funds from third parties to pay the legal fees of a client provided there is dis...
- Adopted: July 16, 1998Opinion rules that the fiduciary relationship that arises when a lawyer serves as an escrow agent demands that the lawyer be impartial to both the ...
- Adopted: April 17, 1998Opinion provides that flat fees may be collected at the beginning of a representation, treated as presently owed to the lawyer, and deposited into ...
- Adopted: April 16, 1998Opinion rules that a lawyer may not participate in a closing or sign a preliminary title opinion if, after reasonable inquiry, the lawyer believes ...
- Adopted: April 16, 1998Opinion rules that a law firm may employ a disbarred lawyer as a paralegal provided the firm accepts no new clients who were clients of the disbarr...
- Adopted: January 16, 1998Opinion rules that, provided steps are taken to safeguard the client funds on deposit in a trust account, a lawyer may accept fees paid by credit c...
- Adopted: July 18, 1997Opinion rules that a former residential real estate client is not entitled to the lawyer's title notes or abstracts regardless of whether such info...
- Adopted: April 04, 1997Opinion provides guidelines for receipt of payment of earned and unearned fees by electronic transfers.
- RPC 210 - Representation of Multiple Parties to the Closing of a Residential Real Estate TransactionAdopted: April 04, 1997Opinion examines the circumstances in which it is acceptable for a lawyer to represent the buyer, the seller, and the lender in the closing of a re...
- Adopted: October 17, 1996Opinion concerns disbursements from a trust account in reliance upon the deposit of a mortgage company's check issued pursuant to an agreement with...
- Adopted: July 26, 1996Opinion rules that a lawyer who jointly represented a husband and wife in the preparation and execution of estate planning documents may not prepar...
- Adopted: October 20, 1995Opinion rules that a lawyer may make disbursements from his or her trust account in reliance upon the deposit of funds provisionally credited to th...
- Adopted: April 14, 1995Opinion rules that a lawyer who represents a client in a pending domestic action may take a promissory note secured by a deed of trust as payment f...
- Adopted: January 13, 1995Opinion rules that a lawyer may close a real estate transaction brokered by the lawyer's spouse with the consent of the parties to the transaction.
- Adopted: October 21, 1994Opinion rules that a lawyer may not acquire a proprietary interest in the subject matter of domestic litigation by obtaining a client's authorizati...
- Adopted: October 21, 1994Opinion rules that a lawyer is required to disclose to an adverse party with whom the lawyer is negotiating a settlement that the lawyer's client h...
- Adopted: April 15, 1994Opinion rules that a sum of money paid to a lawyer in advance to secure payment of a fee which is yet to be earned and to which the lawyer is not e...
- Adopted: January 15, 1993Opinion rules that an attorney cannot permit the bank to link her trust and business accounts for the purpose of determining interest earned or cha...
- Adopted: January 15, 1993Opinion rules that a lawyer, having undertaken to represent two clients in the same matter, may not thereafter represent one against the other in t...
- Adopted: January 15, 1993Opinion rules that a lawyer for a party adverse to the government may freely communicate with government officials concerning the matter until noti...
- Adopted: January 15, 1993Opinion rules that an attorney may not donate a client's funds to a charity without the client's consent.
- Adopted: October 23, 1992Opinion rules that a lawyer who formerly represented an estate may not subsequently defend the former personal representative against a claim broug...
- Adopted: April 17, 1992Opinion rules that deliberate release of settlement proceeds without satisfying conditions precedent is dishonest and unethical.
- Adopted: July 12, 1991Opinion rules that a lawyer may disclose information concerning advice given to a client at a closing in regard to the significance of the client's...
- Adopted: January 17, 1991Opinion rules that trust funds must be held at least five years after the last occurrence of certain prescribed events before they may be deemed ab...
- Adopted: October 17, 1990Opinion rules that a lawyer who has as trustee initiated a foreclosure proceeding may resign as trustee after the foreclosure is contested and act ...
- Adopted: October 17, 1990Opinion rules that attorneys practicing in North Carolina who are affiliated with an interstate law firm may not permit trust funds belonging to th...
- Adopted: April 13, 1990Opinion discusses disbursement against uncollected funds, accounting for earnest money paid outside closing and representation of the seller.
- Adopted: January 12, 1990The responsibilities and limitations of the lawyer acting as trustee arise primarily from the lawyer's fiduciary relationship in serving as trustee...
- Adopted: October 20, 1989Opinion rules that a closing attorney cannot make conditional delivery of trust account checks to real estate agent before depositing loan proceeds...
- Adopted: October 20, 1989Opinion rules that a lawyer may not pay his or her fee or the fee of a physician from funds held in trust for a client without the client's authority.
- Adopted: October 20, 1989Opinion rules, among other things, that an attorney may not accept legal employment by a Prepaid Legal Service Plan owned by the attorney's wife or...
- Adopted: October 20, 1989Opinion rules that a lawyer must obey the client's instruction not to pay medical providers from the proceeds of settlement in the absence of a val...
- Adopted: July 14, 1989Opinion rules that a lawyer who served as a trustee may after foreclosure sue the former debtor on behalf of the purchaser.
- Adopted: July 14, 1989Opinion rules that an attorney serving as an escrow agent may not disburse in a manner not contemplated by the escrow agreement unless all parties ...
- Adopted: January 13, 1989Opinion rules that where a lawyer receives a lump sum payment in advance which is inclusive of the costs of litigation, the portion representing th...
- Adopted: January 13, 1989Opinion rules that a lawyer may charge nonrefundable retainers that are reasonable in amount.
- Adopted: October 28, 1988Opinion rules that an attorney who receives from his or her client a small sum of money which is to be used to pay the cost of recording a deed mus...
- Adopted: July 15, 1988Opinion rules that a closing attorney must follow the lender's closing instruction that closing documents be recorded prior to disbursement.
- Adopted: July 15, 1988Opinion rules that attorney whose partner represented the adverse party prior to joining the firm is not disqualified unless the partner acquired c...
- Adopted: April 15, 1988Opinion rules that a law firm which has received money representing the refund of an appeal bond to a client owing substantial fees to the firm may...
- Adopted: October 23, 1987Opinion rules that an attorney may not rely upon title information from a nonlawyer assistant without direct supervision by said attorney.
- Adopted: April 17, 1987Opinion rules that in the absence of consent from the heirs, a lawyer may not represent the administratrix officially and personally where her inte...
- Adopted: January 16, 1987Opinion rules that a lawyer may represent grantees of deeds he drafted even though his secretary may be called as a witness. [See Rule 3.7 of the R...
- Adopted: October 24, 1986Opinion rules that a lawyer may reveal confidential information to correct a mistake if disclosure is impliedly authorized by the client.
- Adopted: October 24, 1986Opinion rules that a lawyer who acquires knowledge of apparent misconduct must report this matter to the State Bar.
- Adopted: July 25, 1986Opinion states that house counsel for a mortgage bank may not represent other lenders and borrowers while serving as house counsel.
- Adopted: April 18, 1986Opinion rules that money belonging to an incarcerated client may be handled by the Public Defender as a favor and must be deposited into a trust ac...
- Adopted: April 18, 1986Opinion rules that lawyer may act as Trustee after having represented the seller.
- Adopted: July 11, 1984Inquiry: Attorney A, licensed and practicing in North Carolina, does a substantial amount of real estate practice. Recently, Attorney A has notice...
- Adopted: October 14, 1981Inquiry: B Company executed a note secured by deed of trust to T for S & L, a savings and loan association. T was and is executive vice presid...
- Adopted: July 15, 1981Attorney A represents H, who is divorced from W. Prior to the divorce in which Attorney A represented H, H and W had obtained a loan from Bank B. T...
- Adopted: July 13, 1979Inquiry: Attorney A is a licensed practicing attorney in North Carolina. Attorney A is also an insurance salesman for a reputable insurance company...
- Adopted: April 13, 1979Inquiry: Lawyer A is a trustee in a deed of trust and institutes foreclosure proceedings. At the time he institutes the proceedings, they do not ap...
- Adopted: October 19, 1978Inquiry: An attorney regularly certifies title to a lender in connection with loans which the attorney closes for the lender and which are secured...
- Adopted: April 15, 1977Over a period of several years, a number of inquiries have been made to the Council centering around the role of the lawyer in the usual residentia...
- Adopted: April 15, 1977Inquiry: A lending institution lends money secured by deeds of trust on real estate and advises all borrowers that it will accept title certificate...
- Adopted: October 21, 1976Inquiry: A lawyer is trustee in a deed of trust conveying real estate as security for a loan made to a borrower by bank. The bank advises the trust...
